SUPERSEDED Decision Notice - Approved by Delegation of Authority DBW20 0027

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	DBW20/0027
Your Reference:	n/a
8 December 2020
N&S Boekel
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 4 December 2020, Council decided to issue a preliminary approval only, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW20/0027
Street address:	26 Mossman Court Noosa Heads Qld 4567
Real property description:	Lot 151 N 21859
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Building Work - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Development undertaken in accordance with this approval must generally comply with the approved plans of development, noting that a jetty has not been approved as part of this application. The approved plans are detailed in the following table and must be amended in accordance with the conditions.
Plan No.	Rev.	Plan/Document Name	Date
SD 100.01	E	Proposed Site Plan and Locality Plans, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 180.01	C	Demolition Plan, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 200.01	G	Proposed Ground Floor, prepared by Shaun Lockyer Architects Pty Ltd	02.11.2020
SD 200.02	F	Proposed First Floor, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 200.03	D	Proposed Basement Floor, prepared by Shaun Lockyer Architects Pty Ltd	02.11.2020
SD 210.01	D	Roof Plan, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 300.01	B	Southern (front) Elevation, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 300.02	B	Eastern (side) Elevation, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 300.03	B	Northern (inlet) Elevation, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 300.04	B	Western (side) Elevation, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 300.05	B	Boundary (street) Elevation, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 400.01	B	Section a - a, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 400.02	B	Section b - b, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
SD 400.03	B	Section c - c, prepared by Shaun Lockyer Architects Pty Ltd	07.05.2020
Amended plans and associated reports must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
Plans of the design and installation process required for the sheet piling system as required by section 5.2 of Acid Sulphate Soil and Groundwater Management Plan prepared for 26 Mossman Court by Tectonic Geotechnical & Environmental Engineers dated 30 October 2020 ref 20161-003-Rev0. The plans must be accompanied by certification by a Registered Professional Engineer of Queensland, which confirms that the design and installation process required for the sheet piling system:

is practical and achievable within the constraints of the site;

will achieve all requirements of the Acid Sulphate Soil and Groundwater Management Plan prepared for 26 Mossman Court by Tectonic Geotechnical & Environmental Engineers dated 30 October 2020 ref 20161-003-Rev0, in particular will:
achieve full  hydrostatic pressure so that external dewatering will not be required; and
incorporate an efficient sheet interlock method so that seepage between individual sheets is minimal; and
ingress of fine soils is negated; and
the sheet pile wall can achieve an effective groundwater ‘cut-off’ without resulting  in long-term groundwater lowering via holes created through the indurated sand layer; and

is consistent with the Noosa Plan and associated Engineering Planning Scheme Policies.
Built form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 4 December 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works for the building work. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Screening vegetation must be planted along the front and eastern and western side boundaries, as detailed on the plans, in accordance with Council’s Planning Scheme Policy PSP2 -Landscaping. The planted vegetation must consist of local native species with a mature height of not less than 3 metres and a maximum spacing of 2 metre centres.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Mossman Court to the parking areas of the development. The works must be undertaken in accordance with a road reserve permit issued by Council and must include in particular a driveway crossover generally in accordance with Council’s standard drawings RS-049 and RS-050 and any associated addendums
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  Stormwater must be discharged into Council’s drainage system (kerb and channel) in Mossman Court.
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All works must be carried out in accordance with the Geotechnical Investigation prepared by Tectonic - Geotechnical & Environmental Engineers, Reference No.20161-001-Rev 0 dated 26 June 2020.
All earthworks and associated batters, retaining structures (temporary and permanent) and anchors (both above and below ground level) must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All works must not adversely impact on the existing revetment wall located along the canal boundary.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
A Work Method Statement (WMS), prepared by a RPEQ, specific to the proposed excavation works, must be prepared and endorsed through the subsequent building approval. The Earthworks WMS must:
include recommendations of report “Geotechnical Investigation” prepared by Tectonic - Geotechnical & Environmental Engineers, Reference No.20161-003-Rev 0 dated 30 October 2020;
include a detailed condition report of the properties neighbouring the subject site;
not contemplate the use of vibration equipment (either for sheet pilling or soil compaction);
ensure that no structural elements, whether temporary or permanent, extend into neighbouring properties (unless neighbouring properties owners’ written consent allowing to do so is provided).
HYDROLOGY
Erosion & Sediment Control
At all times, the site must be managed in accordance with Healthy Land and Water Erosion and Sediment Control Toolkit for House Builders 2019, available at:
https://hlw.org.au/download/erosion-and-sediment-control-toolkit-for-house-builders/

A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of works under this approval. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial removal of soil stabilising material on the site. At the hold point inspection, all required site entry pad, downslope silt fences and upstream stormwater diversion controls must be installed.
Acid Sulfate Soil
A Geotechnical Engineer or other suitably qualified person experienced with Acid Sulfate Soils Management must be engaged at least one month prior to the commencement of works in order to facilitate delivery of Acid Sulfate Soil related conditions.
All excavation and dewatering works must be undertaken in a manner that will not cause environmental harm or damage to surrounding infrastructure as a result of the developments interaction with actual or potential Acid Sulphate Soils. An environmental professional with a minimum of 5 years’ experience in the management and treatment of Acid Sulfate Soils must be engaged to supervise and certify compliance with this condition.
The Geotechnical Engineer or other suitably qualified person must identify any infrastructure located in any expected cone of depression that could establish and oxidise any Potential Acid Sulfate Soils where failure of the sheet piling system occurs. Dilapidation report of this infrastructure must be completed prior to commencement of any dewatering activities on the site.
Prior to commencement of any dewatering activities, the supervising REPQ must certify that the sheet piling system required to prevent oxidation of acid sulphate soils  is installed and achieves:
full  hydrostatic pressure so that external dewatering will not be required; and

incorporates an efficient sheet interlock method so that seepage between individual sheets is minimal, and ingress of fine soils is negated
Excavation and dewatering works below the elevation of 0.5mAHD (>1.5m below ground level) must be in accordance with following documents:
the Acid Sulphate Soil and Groundwater Management Plan prepared for 26 Mossman Court by Tectonic Geotechnical & Environmental Engineers dated 30 October 2020 ref 20161-003-Rev0; and

any additional management requirements included with the RPEQ certification provided to meet the preliminary approval condition.
All treated material must undergo verification testing to achieve neutralisation in accordance with the Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines v4.0.
Surface waters must be sampled and tested at a NATA certified laboratory to confirm the following water parameters are met prior to release from the site:
a pH range of 6.5-8.5 pH units;

50mg/L maximum total suspended solids concentration;

0.3mg/L maximum total iron concentration; and

0.2mg/L maximum total aluminium concentration.
Groundwater monitoring bores must be established and installed by a Geotechnical Engineer or other suitably qualified person experienced with Acid Sulfate Soils Management. The location of the groundwater monitoring bores must be certified by the Geotechnical Engineer or other suitably qualified person to be sufficient to identify any changes in groundwater levels as a result of proposed construction activities.
Groundwater levels must, be monitored weekly for at least one month prior to construction activities likely to affect groundwater levels and daily during construction of those activities. Within 24 hours of identifying a reduction in groundwater levels below the lowest measured preconstruction levels, the Geotechnical Engineer must provide Council and Contractor with remediation strategies, and these must be implemented to prevent harm to receiving environments.
All pipework within the saturated zone, that outlets direct to waterways must be fitted with buried headstocks at suitable intervals to prevent ongoing dewatering of groundwater along pipework bedding.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to the issue of a building approval for the demolition works.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Construction Management
The site is located in a constrained location and the construction of the proposed development (demolition, excavation, deliveries, staff parking etc) has the potential to impact on the local area. If the construction of the proposed development requires occupation of the road reserve (verge area and/or road formation) for either short term or long term, a road reserve permit must be obtained from Council prior to any occupation of the road reserve.
Please note any damage to the existing road reserve as a result of construction activities must be fully repaired at the applicant’s expense
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

[word/footer1.xml]
Page 6 of 11

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 11

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL